2. 3D CADASTRE

Cadastre should be able depict the property ownership as a whole, particularly the strata title ownership, as it correlates property owner not only with the area but the volume of her/his property as well (Stoter, 2004). This would be the initial argument on the establishment of 3D cadastre concept.

3D cadastre is defines as a cadastre that registers and gives insight into rights and restrictions not (only) on parcels but on 3D property units (Stoter, 2004). Thus, the conditions that have not allowed the property to be registered using 2D cadastre, such as overlapped building and utility, could be handled by 3D cadastre

2.1 Legal Cadastre

In the legal cadastre framework in Indonesia, the property is not considered as the registration object, except for the strata title ownership of apartment known as Right of Ownership of

Apartment Unit (Hak Milik Atas Satuan Rumah Susun/HMASRS).

HMASRS has understood up

been stipulated since 1985, the strata title

to

now.

Thus,

further

consideration

on

ownership HMASRS

Even

though the

concept

is not fully

should

be initiated,

particularly on should include

the apartment unit and HMASRS itself. The consideration on the basic law and regulation, definition, type, requirement, part,

apartment unit separation and

boundary of apartment include the definition of,

unit. holder

On the other hand, the consideration on HMASRS of and proof of ownership recognized by HMASRS.

should

Legally, the property ownership within the scope of HMASRS in Indonesia is regulated by the Act of Republic of Indonesia No. 16 year 1985 regarding Apartment Unit. Within the implementation level, the Regulation of Government of Republic of Indonesia No. 4 year 1988 regarding Apartment Unit was stipulated to ensure the legal assurance of the ownership of apartment unit. By Apartment Unit Act, the Government of Republic of Indonesia (GoI) gives legal assurance, if registered, on the followings:

-

Individual right of ownership of apartment unit, which is separately maintained by

different person;

-

Collective right of ownership of parts of apartment unit property;

-

Collective right of ownership of particular common object;

-

Collective right of ownership of land.

These rights of ownership are tied to each other and could not be functionally alienated.

In accordance to the Article 9 of Apartment Unit Act, the proof of ownership of apartment unit is the Certificate of Right of Ownership of Apartment Unit. Along with the certificate, following documents are attached: